San Luis Trucking, Inc.

29 Cited authorities

Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 652 times 11 Legal Analyses
Holding that the employer bears the burden of negating causation in a mixed-motive discrimination case, noting "[i]t is fair that [the employer] bear the risk that the influence of legal and illegal motives cannot be separated."
Nat'l Labor Relations Bd. v. Gissel Packing Co.
395 U.S. 575 (1969) Cited 1,035 times 67 Legal Analyses
Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"
Fibreboard Corp. v. Labor Board
379 U.S. 203 (1964) Cited 731 times 7 Legal Analyses
Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA
Metropolitan Edison Co. v. Nat'l Labor Relations Bd.
460 U.S. 693 (1983) Cited 311 times 8 Legal Analyses
Holding that a union may, under certain circumstances, waive members' NLRA rights
First National Maintenance Corp. v. Nat'l Labor Relations Bd.
452 U.S. 666 (1981) Cited 269 times 16 Legal Analyses
Holding that an employer has no duty to bargain over a decision to shut down part of its business purely for economic reasons
Radio Union v. Broadcast Serv
380 U.S. 255 (1965) Cited 326 times
Holding that two entities were a single employer and therefore that their gross receipts could be totaled together to establish jurisdiction under the National Labor Relations Act
Nat'l Labor Relations Bd. v. Acme Industrial Co.
385 U.S. 432 (1967) Cited 265 times 4 Legal Analyses
Approving "discovery-type standard"
Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 times
Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"
N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.
662 F.2d 899 (1st Cir. 1981) Cited 357 times 46 Legal Analyses
Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
Textile Workers v. Darlington Co.
380 U.S. 263 (1965) Cited 168 times 6 Legal Analyses
Holding that an employer has the absolute right, at least as far as the NLRA is concerned, to terminate his entire business for any reason
Rule 45 - Subpoena
Fed. R. Civ. P. 45 Cited 17,511 times 112 Legal Analyses
Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Fed. R. Civ. P. 34 Cited 13,650 times 154 Legal Analyses
Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."

San Luis Trucking, Inc.

29 Cited authorities

Holding that the employer bears the burden of negating causation in a mixed-motive discrimination case, noting "[i]t is fair that [the employer] bear the risk that the influence of legal and illegal motives cannot be separated."

Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA

Holding that a union may, under certain circumstances, waive members' NLRA rights

Holding that an employer has no duty to bargain over a decision to shut down part of its business purely for economic reasons

Holding that two entities were a single employer and therefore that their gross receipts could be totaled together to establish jurisdiction under the National Labor Relations Act

Approving "discovery-type standard"

Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

Holding that an employer has the absolute right, at least as far as the NLRA is concerned, to terminate his entire business for any reason

Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."